Effort to implement criminal background checks for marijuana market hits roadblock

Delaware’s effort to implement criminal background checks for individuals in the adult-use recreational marijuana market encountered a setback, as the FBI denied the state’s reconsideration request.

The request, which aimed to secure an FBI service code to conduct the necessary background checks, was rejected after the FBI concluded that the state’s authorizing statute lacked specific language outlining which individuals are required to undergo the checks.

The Delaware State Bureau of Identification and the Delaware Department of Justice had been working together to address this issue.

However, after reviewing the relevant legal framework, the FBI advised that Title 4 of the Delaware Code must clearly define the categories of individuals subject to the checks. This is to ensure the statute does not cast too wide a net, which would go against the guidelines set by the FBI.

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The FBI’s denial is based on the need for more detailed language in the law.

According to the FBI, the statute must explicitly identify which categories of marijuana-related licensees or employees are required to undergo background checks to avoid overbreadth.

The FBI outlined a series of criteria for compliance under Public Law 92-544, which includes the fingerprinting of applicants and the use of national criminal history records for the background check process. The law also specifies that such records cannot be shared with private entities.

In response, Delaware’s Office of the Marijuana Commissioner stated that it will work swiftly with the General Assembly to propose new legislation that will meet the FBI’s requirements.

This new legislation will aim to define specific categories of applicants and employees who must undergo background checks, ensuring compliance with both state and federal regulations.

The state’s attempt to implement the checks is part of a broader effort to regulate the newly established marijuana industry, which was legalized for recreational use in Delaware last year.

However, this latest development indicates that the path forward will require careful legislative work to ensure the program can move forward without legal complications.

House and Senate Republicans declined to comment on this matter, and immediate efforts to reach House and Senate Democrats were immediately unsuccessful Tuesday, but check back for updates.